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HomeMy WebLinkAbout04092014 MinutesSEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, APRIL 9, 2014 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor McPartlan called the Regular Meeting to order at 6:30 p.m. 2. Invocation was given by Council Member Jerome Adams. 3. The Pledge of Allegiance was led by Vice Mayor Hill 4. ROLL CALL City Council Present: Mayor Bob McPartlan Vice Mayor Jim Hill Council Member Jerome Adams Council Member Andrea Coy Council Member Richard Gillmor City Staff Present: Interim City Manager, Joe Griffin Special Magistrate, David Hancock for Attorney Ginsburg City Clerk, Sally Maio Administrative Services Director, Debra Krueger Parks Supervisor, Chris McCarthy Deputy Police Chief, Greg Witt MIS Senior Systems Analyst, Barbara Brooke -Reese 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members Mayor McPartlan requested the addition of Consent Agenda item G for approval of the Veterans Advisory Board request for installation of a monument at the Riverview Park Veterans Memorial. The Interim City Manager also requested that they allow a presentation from Frank Cutrone of the VFW regarding the monument as item 6E. There was no objection. Mayor McPartlan introduced the City of Sebastian Special Magistrate, David Hancock who is sitting in for the City Attorney. Regular City Council Meeting April 9, 2014 Page Two 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 14.069 A. Proclamation — Guardian Ad -Litem Month — April — Accepted by Vern Melvin, Circuit Director of the 19th Circuit Guardian Ad Litem Program and Barry Scanlon, Vice - President of Voices for Children of Okeechobee and the Treasure Coast Mayor McPartlan read and presented the proclamation to Mr. Melvin and Mr. Scanlon. Mr. Melvin introduced Mr. Scanlon who is a Sebastian resident and volunteer Guardian Ad- Litem, and discussed the importance of the volunteer program to protect and advocate for abused, neglected and abandoned children throughout the Treasure Coast. He said they need volunteers since they are only able to represent 75% of children in need at this time. 14.070 B. Proclamation — National Child Abuse Prevention Month — April — Accepted by Chris Robinson, CASTLE Development Associate Mayor McPartlan said he works for DCF and said that the Treasure Coast area receives over 6000 reports of child abuse annually and in Indian River County 1200 to 1300 annually. He said CASTLES' memory field had 122 flags in memory of 122 children who died from abuse in the Treasure Coast. He then read and presented the proclamation to Chris Robinson. Mr. Robinson thanked the City for the proclamation and the City of Sebastian for its involvement in CASTLE. He said CASTLE members are going into homes to help people to be better parents to break the cycle of child abuse. 14.071 C. Proclamation — National Telecommunicators' Week —April 13 -19, 2014 — Accepted by Sebastian Police Department Dispatch Mayor McPartlan read and presented the proclamation to Frannie Bertin from Sebastian Police Dispatch. D. Brief Announcements i. Friday, 4/11/14 — Chamber Concert in Park — Dukes of Doo Wop — 5:30 pm to 8 pm ii. Saturday, 4/12/14 — Sebastian River Art Club in Riverview Park —10 am to 4 iii. Saturday, 4/19/14 — Sebastian Easter Egg Hunt in Riverview Park —10 am iv. Saturday, 4/25/14 — Earth Day /Community Shredding in Riverview Park Mayor McPartlan read the above announcements and also announced the Vero Beach Exchange Club breakfast in support of Devereaux an effort to find more foster homes in Indian River County at the Unity Church in Vero Beach on April 15th at 8:30 am and gave the number for information as 873 -7800. E. Veterans Board Request for Approval of Monument in Riverview Park. Frank Cutrone, Veterans Advisory Board, and VFW 10210 member, presented a Power Point presentation (see attached) regarding a request from the Board for approval of a new monument honoring those who served in Iraq, Afghanistan and the Global War on Terror at the Riverview Park Veterans Memorial in time for Memorial Day. He said this will be at no cost to the City, they have a contract for the monument and are just waiting for permission from the City, as well as waiver of any building fees or permitting fees. He Regular City Council Meeting April 9, 2014 Page Three also asked for a proclamation to be written and read on Memorial Day for the unveiling. He thanked his son Christian for creation of the of the Power Point. Mayor McPartlan said this would be a great addition to the park, and said he had talked to Mr. Griffin about the military equipment in Okeechobee's parks, and said he was a disposal tech in the service. Ms. Coy noted the approval is on the next item under Consent and told Christian he had done a great job. 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member City Council so requests, in which event, the item will be removed and acted upon separately. if a member of the public wishes to provide input on a consent agenda item, he /she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. A. Approval of Minutes — March 26, 2014 Special Meeting B. Approval of Minutes — March 26, 2014 Regular Meeting 14.072 C. Approve Purchase of Four Police Vehicle Video Systems from Safety Vision (Houston, TX) Under GSA Contract #GS- 07F -022J in the Amount of $21,116.00 (Transmittal, Vendor Quote, GSA Contract) 14.073 D. Approve Craft Club Annual Show Schedule in Riverview Park for 2014 -2015 and Reduce Rental Fee by 50% - 10/4/14, 11/1/14, 12/6 and 12/7/14, 1/3/15, 2/7/15, 3/7 and 3/8/15, 4/14/15, and 5/2/15 with Sunday Rain Dates —10 am to 3 pm (Transmittal, Letter and Park Use Permit Application) 14.074 E. Approve Sebastian River Art Club Annual Shows in Riverview Park West Side for 2014 -2015 and Reduce Rental Fee by 50% - 11/15114, 12/13/14 1/17/15, 2/14 & 2/15/15, 3/21 and 3/8/15, 4/11/15, and 5/2/15 with Sunday Rain Dates — 10 am to 4 pm (Transmittal, Letter and Park Use Permit Application) 14.075 F. Approve Sebastian River Middle School IB Program 5K Run Fundraiser on Indian River Drive — Saturday, November 1, 2014 — 6:30 am to 9:15 am - Road Closures — IR Drive from South City Limit to Jackson Street — Staff to Notify Businesses (Transmittal, Permit Application) New G. Veterans Advisory Board Request for Approval of Installation of Monument in Riverview Park Veterans Memorial and Waiver of Any City Permit Fees Pertaining to Installation — Request for Proclamation to Be Read at Unveiling on Memorial Day — May 26, 2014 Mr. Gillmor pulled item E for discussion. MOTION by Mr. Hill and SECOND by Ms Coy to approve item A, B, C, D, F and G. Roll Call: Ayes: Adams, Coy, Gillmor, McPartlan, Hill Nays: None Passed: 5 -0 3 Regular City Council Meeting April 9, 2014 Page Four Item E — Sebastian River Art Club Shows Mr. Gillmor said the 1/17/15 date conflicts with the Annual Art and Music Festival so that needs to be moved to 1/24/15 and there is no May show. MOTION by Ms. Coy and SECOND by Mr. Gillmor to approve item C as revised. Roll Call: Ayes: Coy, Gillmor, McPartlan, Hill, Adams Nays: None Passed: 5 -0 8. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 14.046 A. Natural Resources Board i. Appoint Alternate Member Position with Term to Expire 7/1/2014 with Option to Extend Additional Three Years to 7/1/2017 (City Clerk Transmittal, Application, Board List) The City Clerk noted that John Brady was the only applicant for the alternate position. MOTION by Mr. Hill and SECOND by Ms. Coy to appoint for the remainder of the existing term in addition to the three year term. Mayor McPartlan congratulated Mr. Brady and thanked him for his service. Ms. Coy reported on the City's visit by Janine Harris, Florida Division of Elder Affairs, for a presentation at the Senior Center on the Communities for a Lifetime, which can provide us with some resources. She thanked Mr. Griffin for setting it up and it was filmed and it may be shown on Channel 25. She said Council will hear more about this in the future. 9. PUBLIC HEARINGS — None. 10. UNFINISHED BUSINESS 14.018 A. All Aboard Florida (Transmittal, R- 14 -08) i. Brief Presentation by Phil Matson, Indian River County MPO Director ii. Approve Resolution No. R -14 -08 — All Aboard Florida A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REQUESTING THAT THE STATE OF FLORIDA REQUIRE ALL ABOARD FLORIDA TO FUND ALL NECESSARY STEPS TO PRESERVE AND ENHANCE THE QUALITY OF LIFE FOR VISITORS TO AND RESIDENTS OF THE CITY OF SEBASTIAN INCLUDING THE COST OF QUIET ZONES INFRASTRUCTURE AT ALL RAILROAD CROSSINGS LOCATED WITHIN THE CITY OF SEBASTIAN OR, IN THE ALTERNATIVE, PROVIDE STATE FUNDING TO THE CITY FOR THE COST OF THOSE QUIET ZONES; PROVIDING FOR AN EFFECTIVE DATE. Mr. Hill said he had a recommendation to change the resolution, noted he had worked with the Interim City Manager today to rewrite it and asked him to hand out the recommended amendment to Council. He noted that Rusty Roberts from AAF, had presented to Council in January and stated that AAF would be a privately financed project using company funds, they were seeking no governmental funds and there would be no taxpayer risk. Mr. Hill said recently obtained information shows that AAF is 4 Regular City Council Meeting April 9, 2014 Page Five seeking low interest loans or grant funding and he believes that does put taxpayers at risk. He said with a few minor changes to the resolution provided in the packet to eliminate any conflicts with the language he was proposing, which would oppose all public funding, they could adopt a revised resolution tonight. He said the title would also have to be changed since it references State funding and it would be changed to the title that the Interim City Manager handed out. (A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REQUESTING THAT THE STATE OF FLORIDA AND THE FEDERAL RAIL ADMINISTRATION REQUIRE ALL ABOARD FLORIDA TO FUND, WITH NO GOVERNMENTAL ASSISTANCE, ALL COSTS RELATED TO THE ALL ABOARD FLORIDA PROJECT, AND TO TAKE ALL NECESSARY STEPS TO PRESERVE AND ENHANCE THE QUALITY OF LIFE FOR VISITORS, RESIDENTS, AND BUSINESSES WITHIN THE CITY OF SEBASTIAN, PROVIDING FOR AN EFFECTIVE DATE.) Mr. Hill suggested striking existing Sections 1 and 2 and add a new Section 1 as follows: "Section 1. The City of Sebastian formally requests that any donor agency, including the Federal Rail Administration, other Federal agencies, the State of Florida, and any State agencies, to require All Aboard Florida to privately fund all costs of All Aboard Florida, including all quiet zone%orridor improvements, without any governmental assistance, be it in the form of loans or infrastructure and right - of -way improvements at less than market rates, as such support would put the risk of All Aboard Florida on the backs of taxpayers. " He suggested changing the old Section 4 which would now be new Section 3, to add "and explore partnerships from which the area may benefit directly to offset and/or mitigate the impacts if All Aboard Florida is permitted to operate ", so it would read as follows: "Section 3. The City of Sebastian encourages the Governor and State Legislators to do all within their power to urge FECI to explore extending direct benefits of passenger rail service to the City of Sebastian, and explore partnerships from which the area may benefit directly to offset and/or mitigate the impacts if All Aboard Florida is permitted to operate. " He said this sums up that we understand this is going to happen, and if it does, we want them to use private funds and not taxpayer funds. Ms. Coy said this was a great amendment. MOTION by Mr. Hill and SECOND by Mr. Gillmor to approve what Mr. Hill just read (to amend R- 14 -08). Mr. Gillmor said it would better be called All Aboard Europe. Mayor McPartlan called for public input at this time. Susan Miehl, Royal Oak Lane, Vero Beach, said her group has connected the dots and think this is connected to a Panama Canal expansion, the common thread being that they are going to increase freight through these tracks. She said this antiquated rail line is big business for FECI and feel that taxpayers will be helping them lay these lines, and when high speed derails we will end up with modern freight trains, because they need 2M riders per year and won't get it. She cited the FRA engineering report just released for Miami to north St. Lucie County expresses concern and need for more safety Regular City Council Meeting April 9, 2014 Page Six and security than is planned for. She said AAF doesn't want to spend the money, applauded Council. The Interim City Manager asked if it would be appropriate for Mr. Matson to make his presentation at this time. Phil Matson, Indian River County Metropolitan Planning (MPO) Director, described the function of MPO in overseeing transportation issues for Indian River County, and said this issue is within MPO's purview. He said All Aboard Florida was hatched by FECI (Florida East Coast Industries), with plans for up to 32 trains per day at up to 110 MPH to traverse the existing and updated rail lines, there has been a groundswell of concern in the Treasure Coast counties because they will see no gain by the trains but it will impact local governments, there will be noise impacts and if you want quiet zones they say it is a local government responsibility. He said they are seeking up to $600M in loan guarantees from the federal government as well as from some State sources. He said to federalize the project this way, there are three courses they must go through, and said they have completed an Environmental Impact Study from Miami to north St. Lucie County and it is 300 pages long, and once that report is submitted there is a 45 day mandatory period for public comment. He reported that Indian River County has hired a consultant to look at all 32 crossings in Indian River County and have a second set of eyes to look at what has been submitted, and after the Indian River County to Cocoa segment EIS has been completed there will be another 45 day review period and the County has asked for a 180 day extension. He said the applicants holds the public hearings and they are saying they are planning five or six, they then resubmit with corrections and there is another 30 day period for more public comment. He said they will be placing the AAF issue on all MPO and IRC agendas going forward, and the IRC Commission will hear from Kim Delaney, TCRPC on April 22nd and MPO on May 14th. He said Vero Beach has formed a High Speed Rail Commission, and talked about attending TCRPC meetings and keeping an eye out for potential funding sources. He said there may be quiet zones in some locations but quiet zones need federal authority and you are not guaranteed to get them. He said, in closing, the City should keep in close coordination at MPO and IRC Public Works level. Ms. Coy thanked the County for hiring the consultant, but asked if the consultants are going to look just at the crossings or are they going to look at the entire length. Mr. Matson said they will be looking beyond the crossings and he will let the City Manager know the scope of the study. Ms. Coy asked if he knew whether there was any plan to add another St. Sebastian train trestle because if not it will cause problems with freight trains sitting out the high speed rail trains and blocking traffic. Mr. Matson described the concern about Martin county marinas sitting west of the train tracks and bridges and the long wait anticipated for boat traffic. Ms. Coy asked him to make a note of the St. Sebastian bridge question and he said he would. Andrea Raymond, Drury Lane, Sebastian, said in Maryland there have been quiet zones that have been revoked due to lack of maintenance and when they go to federal court the feds are siding with the trains. She said we should not fund a quiet zone because we will lose it and not get it back. G7 Regular City Council Meeting April 9, 2014 Page Seven Phyllis Frey, Date Palm Road, Vero Beach, thanked Mr. Matson for his terrific presentation, said the Tri -Rail running between Palm Beach and Miami reported a loss of $58M and continues to operate, and cited loss of revenues in millions for all train services, and wondered why a third train service is needed, and add to that the human cost of 32 trains at 110 mph, noting this would impact 21,800 vehicles per day which would be challenged in Vero Beach alone. She asked to the City to join us in asking for a study beyond the 45 days. She cited the website www.notallaboardflorida.com. Ms. Coy asked if we could add one more thing to Section 1, noting that there is $215M State funding planned toward an airport terminal in Orlando and asked us to add that they privately fund that terminal. After some discussion, it was added in Section 1 to make Section 1 read as follows: "The City of Sebastian formally requests that any donor agency, including the Federal Rail Administration, other Federal agencies, the State of Florida, and any State agencies, to require All Aboard Florida to privately fund all costs of All Aboard Florida, including all quiet zone%orridor improvements, or terminal connections without any governmental assistance, be it in the form of loans or infrastructure and right -of -way improvements at less than market rates, as such support would put the risk of All Aboard Florida on the backs of taxpayers." Roll Call: Ayes: Gillmor, McPartlan, Hill, Adams, Coy Nays: None Passed: 5 -0 The Interim City Manager said he will change his cover letter in keeping with these revisions. Mr. Hill said the title was never read into the record and Mr. Hancock said it would be best to do so. The Interim City Manager said the number will remain Resolution No. R -14 -08 and read the new Resolution title set out above. 14.014 B. City Manager Selection — Kurt Bressner, ICMA Range Riders — Accept, Reject or Modify Semi - Finalist List for Interviews and Approve Interview Process (AS Transmittal, 10 Semi - Finalist Applications) Kurt Bressner, ICCMA Range Riders, said as a resident of Indian River County, he thanked them for the resolution just passed on AAF. He then reviewed the process that was followed in reviewing the 42 applications received for City Manager, the Range Riders teleconference meeting on April 2 I in City Hall to review and decide on the top ten applicants, which was now nine due to a withdrawal, which was based on qualifications and the profile, and several other factors subscribed to by the Range Riders. He said he was happy to say that all of these nine candidates would be a good City Manager for Sebastian, and now Council needs to reduce this number to a smaller number and they recommend five with two alternates. Mayor McPartlan thanked him and the other Range Riders for their time. Ms. Coy said initially she was not particularly fond of wanting to use the Range Rider service, but had been proven wrong and said she was really impressed with the service provided, and if asked said she would use them again. 7 Regular City Council Meeting April 9, 2014 Page Eight Ms. Coy offered an option for Council to consider, stating she had read all ten applications and did a lot of googling, and said we have done our due diligence, and the Range Riders have helped us advertise and get the people we wanted, we got 42 applications, but said she would like to propose that we offer the position to Mr. Joseph Griffin as the only applicant that would fit the needs of Sebastian. Mr. Hill asked if that was a motion and if so he would second it as did all the other members. Mayor McPartlan thanked Mr. Bressner and called for public input Carolyn Sartain - Anderson said Amen. Ben Hocker, Sebastian, asked if they were just going to eliminate looking at anyone else, after going through the procedure with help. He said someone said we don't want someone coming here ready to retire and should look over resumes. Russell Hermann said it is extremely important you went through the process because it was made it crystal clear that Mr. Griffin will be an excellent City Manager and will continue to do a fine job. Norman Meyer, Sebastian said we have jewel in our back yard and should recognize it and accept it. Mayor McPartlan said Mr. Griffin is a jewel in our own back yard, has been in the position for four months, and his approach has been to brighten things, he explains things to him in laymen's term, was glad we went through the process, and thanked Mr. Bressner and Ms. Krueger for their efforts. Mr. Adams said it was important to make the process open and transparent and glad we did that, that he had wanted to give anyone else in the City employ the opportunity to apply, that we are all happy to have Mr. Griffin here, we did the process and this is the right decision for us. Mr. Gillmor thanked Mr. Bressner for the process, was impressed with the quality of folks who applied, but it boils down to we already have a quality person in the job, said Mr. Griffin would have been in his top two even if he didn't know him, and he has had five months to prove himself in the position all the while wearing three or four other hats. Mr. Hill said he was pleased with the motion, that Joe will do a fantastic job for us and is excited to start work with the City Manager and getting things done. Mayor McPartlan said Ms. Krueger will be going forward with a contract. Roll Call: Ayes: McPartlan, Hill, Adams, Coy, Gillmor Nays: None Passed: 5 -0 The City Manager said he was really humbled by their trust in him and their confidence and he will do all he can to live up to their expectations. 11. PUBLIC INPUT None. Regular City Council Meeting April 9, 2014 Page Nine 12. NEW BUSINESS 14.076 A. First Reading — Ordinance No. 0 -14 -03 - Cemetery Regulations - Schedule 2nd Readinq and Public Hearin- for May 14, 2014 (Transmittal, 0- 14 -031 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PERTAINING TO CEMETERY REGULATIONS; AMENDING THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, CHAPTER 34 "CEMETERIES" BY AMENDING SECTION 34-4 "UNLAWFUL CONDUCT" BY PROHIBITING POSSESSION OR CONSUMPTION OF ALCOHOLIC BEVERAGES IN THE CEMETERY AND ENGAGING IN RAUCOUS ACTIVITY; AMENDING SECTION 34 -6 "SPEED LIMIT" TO MOVE PROHIBITION OF PARKING OR DRIVING OVER GRASS BURIAL AREAS TO SECTION 34-4; PROVIDING FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Mr. Hancock read Ordinance No. 0 -14 -03 by title. MOTION by Ms. Coy and SECOND by Mr. Adams to approve (Ordinance No. 0 -14 -03 on first reading and set public hearing for May 14, 2014). Roll Call: Ayes: Hill, Adams, Coy, Gillmor, McPartlan Nays: None Passed: 5 -0 13. CITY ATTORNEY MATTERS — None. 14. CITY MANAGER MATTERS The City Manager reported on the Presidential Streets project, noting the contract with Timothy Rose Contracting is signed and project will be underway and asked for the community's patience during the construction. 15. CITY CLERK MATTERS — None 16. CITY COUNCIL MATTERS A. Vice Mayor Hill — None B. Council Member Adams - None C. Council Member Coy Ms. Coy announced that both Senior Center Wii teams had made the Wii regionals playoffs of the National Senior Wii League. D. Council Member Gillmor Mr. Gillmor reported on Indian River County Commission to send a delegation to TCRPC to change the name of Seven 50 to Five 50, and asked for concurrence of Council for him to speak before the County Commission at their next meeting to let them know that Sebastian and Fellsmere are still in it. W Regular City Council Meeting April 9, 2014 Page Ten Ms. Coy said she thought they had more to worry about than Seven 50 like the train, and agreed this is ridiculous and said we are in it or not in it and we never opted out and our representatives at the County have not represent us and we have been ignored. Mr. Gillmor said if it is okay with Council he will go down and say we think that it is ridiculous to ask for a name change for something that is over, and that we want to continue to plan for the future, noting that MPO has a 2065 plan and this is 2050. E. Mayor McPartlan Mayor McPartlan again announced the Easter Egg Hunt on April 19". 17. Being no further business, Mayor McPartlan adjourned the meeting at 7:52 p.m. Approved at the April 23, 2014 Regular Council Meeting. By: Bob McPartlan, Mayor Attest: 1 Sally A. Maio, C, City Clerk 10